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Friedrich Julius Stahl (16 January 1802 – 10 August 1861), German constitutional lawyer,
political philosopher Political philosophy or political theory is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships between them. Its topics include politics, l ...
and politician.


Biography

Born at
Würzburg Würzburg (; Main-Franconian: ) is a city in the region of Franconia in the north of the German state of Bavaria. Würzburg is the administrative seat of the ''Regierungsbezirk'' Lower Franconia. It spans the banks of the Main River. Würzburg is ...
, of Jewish parentage, as Julius Jolson, he was brought up strictly in the
Jewish religion Judaism ( he, ''Yahăḏūṯ'') is an Abrahamic, monotheistic, and ethnic religion comprising the collective religious, cultural, and legal tradition and civilization of the Jewish people. It has its roots as an organized religion in the M ...
and was allowed to attend the gymnasium. As a result of its influence, he was at the age of seventeen converted to Christianity and baptized into the
Lutheran Church Lutheranism is one of the largest branches of Protestantism, identifying primarily with the theology of Martin Luther, the 16th-century German monk and reformer whose efforts to reform the theology and practice of the Catholic Church launched th ...
at Erlangen on November 6, 1819. To this faith he clung with earnest devotion and persistence until his death. Having studied law at
Würzburg Würzburg (; Main-Franconian: ) is a city in the region of Franconia in the north of the German state of Bavaria. Würzburg is the administrative seat of the ''Regierungsbezirk'' Lower Franconia. It spans the banks of the Main River. Würzburg is ...
,
Heidelberg Heidelberg (; Palatine German language, Palatine German: ''Heidlberg'') is a city in the States of Germany, German state of Baden-Württemberg, situated on the river Neckar in south-west Germany. As of the 2016 census, its population was 159,914 ...
and
Erlangen Erlangen (; East Franconian German, East Franconian: ''Erlang'', Bavarian language, Bavarian: ''Erlanga'') is a Middle Franconian city in Bavaria, Germany. It is the seat of the administrative district Erlangen-Höchstadt (former administrative d ...
, Stahl, on taking the degree of ''doctor juris'', established himself as ''
Privatdozent ''Privatdozent'' (for men) or ''Privatdozentin'' (for women), abbreviated PD, P.D. or Priv.-Doz., is an academic title conferred at some European universities, especially in German-speaking countries, to someone who holds certain formal qualific ...
'' in Munich, was appointed (1832) ordinary professor of law at Würzburg, and in 1840 received the chair of ecclesiastical law and polity at
Berlin Berlin ( , ) is the capital and largest city of Germany by both area and population. Its 3.7 million inhabitants make it the European Union's most populous city, according to population within city limits. One of Germany's sixteen constitue ...
. Here he immediately made his mark as an ecclesiastical lawyer, and was appointed a member of the first chamber of the general
synod A synod () is a council of a Christian denomination, usually convened to decide an issue of doctrine, administration or application. The word ''wikt:synod, synod'' comes from the meaning "assembly" or "meeting" and is analogous with the Latin ...
. Elected in 1850 a member of the short-lived Erfurt parliament, he bitterly opposed the idea of German federation. Stahl early fell under the influence of
Schelling Schelling is a surname. Notable persons with that name include: * Caroline Schelling (1763–1809), German intellectual * Friedrich Wilhelm Joseph Schelling (1775–1854), German philosopher * Felix Emanuel Schelling (1858–1945), American educato ...
, and at the latter's insistence, began in 1827 his great work ''Die Philosophie des Rechts nach geschichtlicher Ansicht'' (an historical view of the philosophy of law). The second definitive edition of this work, published in 1845, was entitled ''Rechts- und Staatslehre auf der Grundlage christlicher Weltanschauung'' (The Philosophy of Law and State on the Basis of the Christian Worldview). It is sometimes claimed that in this work he bases all law and political science upon Christian revelation, but that is a serious misunderstanding of his position. As he put it in Book 1 of that work, "Christian revelation is indifferent to he civil order This revelation provides regulations governing man’s behavior in relation to the existing order, but it does not give instructions about the formation of this order. No divine image of the civil order is given, because the way it is, is not of God." He did advocate a confessional Christian state and the establishment of the Christian church. This position he further elucidated in his ''Der christliche Staat und sein Verhältniss zum Deismus und Judenthum'' (The Christian State and its relation to Deism and Judaism; 1847). As ''Oberkirchenrath'' (synodal councillor), Stahl used all his influence to weaken the Prussian Union of churches (i.e. that compromise between the
Calvinist Calvinism (also called the Reformed Tradition, Reformed Protestantism, Reformed Christianity, or simply Reformed) is a major branch of Protestantism that follows the theological tradition and forms of Christian practice set down by John Ca ...
and Lutheran doctrines which is the essence of the
Evangelical Church in Prussia The Prussian Union of Churches (known under multiple other names) was a major Protestant church body which emerged in 1817 from a series of decrees by Frederick William III of Prussia that united both Lutheran and Reformed denominations in Pru ...
) and to strengthen the influence of the Lutheran Church (cf. Die Lutherische Kirche und die Union, 1859). Stahl advocated the formation of an episcopal constitution of the Lutherans, similar to Roman Catholics or Anglicans. The Prussian minister von Bunsen attacked him, while King Frederick William IV supported Stahl in his ecclesiastical policy, and the Prussian Union would probably have been dissolved had not the regency of Prince William (afterwards
William I, German Emperor William I or Wilhelm I (german: Wilhelm Friedrich Ludwig; 22 March 1797 – 9 March 1888) was King of Prussia from 2 January 1861 and German Emperor from 18 January 1871 until his death in 1888. A member of the House of Hohenzollern, he was th ...
) supervened in 1858. Stahl's influence fell under the new régime, and, while remaining a member of the
Prussian House of Lords The Prussian House of Lords (german: Preußisches Herrenhaus) in Berlin was the upper house of the Landtag of Prussia (german: Preußischer Landtag), the parliament of Prussia from 1850 to 1918. Together with the lower house, the House of Re ...
("Herrenhaus"), he resigned his seat on the general synod. While taking a cure he unexpectedly died at Bad Brückenau.


Academic work

In 1827 Stahl habilitated in Munich ''on the older Roman right of action'' and received a private lecturer position there. In the winter semester of 1827/28 he began lectures on Roman law and the philosophy of law. For unknown reasons, his father Valentin Stahl had lost most of his fortune; after the death of his parents (1829/1830), Julius Stahl had to look after his seven younger siblings. He applied in vain for a paid lecturer position. In order to counteract the liberal ''Bayerisches Volksblatt'' published in Würzburg by Gottfried Eisenmann, the Bavarian government founded the official magazine ''Der Thron- und Volksfreund'' in 1830 and appointed Stahl as its editor. Even at this time, his thinking and his journalistic and political activities were anti-rationalistic and anti-revolutionary and fully corresponded to King Ludwig I's monarchical principle . But the "Volksfreund" was no match for the "Volksblatt" and was discontinued after just a few months and only eight issues.Wilhelm Füßl: ''Professor in politics: Friedrich Julius Stahl. The monarchical principle and its implementation in parliamentary practice'' , Göttingen 1988 After several applications were rejected by Ludwig I, despite the support of Minister Eduard von Schenk, Stahl was finally appointed associate professor in Erlangen by decree of June 27, 1832. But before the beginning of the winter semester 1832/33 he was transferred to Würzburg and appointed full professor for legal philosophy, pandects and Bavarian state law, which he was not at all happy about: his subjects did not quite correspond to his wishes and he could not feel comfortable in the Catholic-dominated environment. Nonetheless, he twice turned down a call by the Hessian Minister Ludwig Hassenpflug to the
University of Marburg The Philipps University of Marburg (german: Philipps-Universität Marburg) was founded in 1527 by Philip I, Landgrave of Hesse, which makes it one of Germany's oldest universities and the oldest still operating Protestant university in the wor ...
because he felt committed to
Bavaria Bavaria ( ; ), officially the Free State of Bavaria (german: Freistaat Bayern, link=no ), is a state in the south-east of Germany. With an area of , Bavaria is the largest German state by land area, comprising roughly a fifth of the total lan ...
. In 1834 Stahl returned to the
University of Erlangen A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United States, th ...
, where he taught canon law , constitutional law and philosophy of law, and in 1835 married Julie Kindler,  daughter of a glove manufacturer from Erlangen; the marriage remained childless. Under the influence of Christian Krafft and Erlangen theology, Stahl finally developed into a typical representative of Lutheran orthodoxy, and in 1837 the University of Erlangen elected him as its deputy to the second chamber of the Bavarian state parliament, where he advocated better equipment for the universities, organized a faction-like group to represent Protestant interests and, in the budget debate, was willing to compromise with the government on the matter, but defended the constitutional rights of the state parliament in principle until the chamber majority and eventually joined Minister Wallerstein. As a result, King Ludwig I dismissed the minister and reprimanded Stahl by withdrawing his professorship for constitutional law and transferring him to civil procedural law, which was alien to him. Stahl therefore rejected re-election to the state parliament, used the calm thus gained to work out his work on the church constitution and was now - although his Erlangen colleagues appointed him pro-rector in 1839. In 1840 Stahl was appointed professor of legal philosophy, constitutional law and canon law in Berlin. At the request of Friedrich Wilhelm IV, he was to fight "rationalist" Hegelianism at the university. During his inaugural lecture on November 26, Stahl announced this intention and caused a scandal. Treitschke calls the reception "vulgar".  In his diaries, Varnhagen van Ense describes the "shuffling and hissing of the students" as the "first opposition to the new government." Stahl called out to the protesting students: "Gentlemen, I am here to teach, you to listen, you may judge at home, but do not disturb the order and tranquility here!"  As early as 1841, Stahl was in the adjudication board of the law faculty, in which he prepared expert opinions on constitutional and canonical cases. As a professor, he gathered conservative students around him and, when he was dean and rector, influenced the appointments to chairs in conservative interests. In a report by the law faculty, he spoke out against the admission of Jews as lecturers. Stahl also formulated the rejection of the invitation to a meeting of university teachers in September of the revolutionary year 1848 because he was against recognition by the Frankfurt central government. From the winter semester of 1850/51 he held public lectures on ''the current parties in state and church'', to which high officials and officers, and even ministers, also came.


Political activity

Although Stahl's activity within the university was already politically significant, this was by no means enough for his political ambitions. After 1848 a petition by the associate professors and private lecturers at the University of Berlin demanded the dismissal of e.g. Stahls had also demanded, he left Berlin in a hurry, but soon returned to promote the founding of a conservative newspaper and the organization of the later Conservative Party together with Ernst Ludwig von Gerlach . Stahl was one of the shareholders and employees of the "Neue Preußische Zeitung" founded in mid-1848. His article "The Banner of the Conservatives"  printed in it on July 20, 1848 was an abridged version of his writing ''Das monarchisches Princip'' from 1845, but updated and specified: From Friedrich Wilhelm IV's proclamation of March 18, he led a further development of the Prussian constitutional reality by the king. Other articles by Stahl followed at short intervals, until in September he began to concentrate on building a party organization. His ''Draft for a Conservative Party'' , written in February and March 1849, in which he outlined the guidelines for future Conservative policy, became the basis for the Conservative program that was eventually printed. However, Stahl could not commit the entire Conservative Party to this program; so he became - again at the side of Ludwig von Gerlach - spokesman only for the extreme parliamentary right (sometimes referred to as the "Gerlach-Stahl Group"). Elected to the first chamber for the district of Oberbarnim in 1849, he nevertheless succeeded in winning over the "high conservatives" of the "Kreuzzeitung Party" to accept the program in principle, although they were striving to have it revised. Eventually, in 1854, Stahl became one of the members of the
mansion A mansion is a large dwelling house. The word itself derives through Old French from the Latin word ''mansio'' "dwelling", an abstract noun derived from the verb ''manere'' "to dwell". The English word '' manse'' originally defined a property l ...
appointed for life by the king, and thus the chief spokesman for the chivalric faction, to which he remained loyal to the end. In the state house of the Erfurt union parliament in 1850 he acted against the plan for a Kleindeutsch solution to the national question under Prussian leadership because he did not want to have done anything against the Habsburgs, in whom he still saw a legitimate candidate for the imperial crown. The failure of Union policy as a result of the Olomouc punctuation was just fine with him; thus the understanding in the
Holy Alliance The Holy Alliance (german: Heilige Allianz; russian: Священный союз, ''Svyashchennyy soyuz''; also called the Grand Alliance) was a coalition linking the monarchist great powers of Austria, Prussia, and Russia. It was created after ...
with Austria and Russia was restored. Out of this spirit he also campaigned for Prussian neutrality in the
Crimean War The Crimean War, , was fought from October 1853 to February 1856 between Russia and an ultimately victorious alliance of the Ottoman Empire, France, the United Kingdom and Piedmont-Sardinia. Geopolitical causes of the war included the de ...
in 1854, as Bunsen and other partisans of England urged Frederick William IV to intervene. The king had promised in 1840: "I will keep peace in my time" and kept this now. Prussia had deliberately remained neutral, and Stahl justified this in a speech before the first chamber as "the conclusion of a policy based on a higher principle".  In 1854 Stahl also became Prussian Crown Counsel and a member of the State Council.Hans-Christof Kraus: ''Stahl, Friedrich.'' In: ''Neue Deutsche Biographie.'' 25, 2013 In the ecclesiastical field, too, Stahl used his position as a member of the old Prussian Evangelical Higher Church Council (1852–1858) to loosen the union, to strengthen Lutheran confessionalism ( New Lutheranism) and to renew the rule of the clergy over the lay world. He was a member of the Prussian General Synod in 1846 and (alongside August von Bethmann-Hollweg ) Vice-President of the German Evangelical Church Congress from 1848 to 1861 and a member of the Central Committee for the Inner Mission in Prussia.  It may be due to the influence of Catholicism during his time in Würzburg, when he was fascinated by the authoritarian elements of the hierarchical church constitution, that Stahl demanded that the validity of the Lutheran confession as the supreme norm of all church life be ensured with the help of a largely independent Episcopalian church organization.  The office of bishop was finally introduced in the EKD after 1945. The political upheaval as a result of the king's illness and the rebellion of Prince Regent Wilhelm and the fall of the Manteuffel ministry also ended Stahl's work in the Oberkirchenrat and led to his resignation from the authority in 1858. However, he continued the political struggle against the Ministry of the Liberal Era in the Herrenhaus, but did not live to see its political turnaround.


State doctrine

At the end of the 1820s, Stahl was in a difficult, crisis-ridden situation in Munich: not only materially - he had to earn a living for himself and his siblings - he was also in distress mentally, as he explained in December 1829 in the preface to the writes the first edition of the ''Philosophy of Law'', which is so important to him that he adopts it in its entirety in later editions.Friedrich Julius Stahl: ''Die Philosophie des Rechts nach geschichtlicher Ansicht.'' Band 1: ''Genesis der gegenwärtigen Rechtsphilosophie.'' Heidelberg 1830  Dissatisfied with Hegel's teaching, he felt the misery of philosophy in being unable to provide an ethical basis for the law he had to teach. Eventually he found that the history of the philosophy of law showed him the way in its development, and that Schelling's thinking was confirmed and strengthened. However, Stahl did not see himself as a disciple of Schelling. A second figure he could draw on was Savigny, the father of the historical school of law.  He recognized the right thing intuitively, but others needed a legal philosophy as a theoretical basis. This had been neglected, and Stahl wanted to set himself the task of justifying the views of the historical school of law theoretically, namely in terms of ethics,  without following the natural law doctrine of the Enlightenment.  Rather, he wanted to base himself on the traditional Christian views  - and above all with his work to give "rationalism an eternal monument (i.e. gravestone)." Stahl begins the introduction to his main work with the succinct definition: "Legal philosophy is the science of the just."  Since previous attempts cannot go unnoticed, the first volume of the genesis of legal philosophy is dedicated. "The historical course, the real nature of people is the judgment on the motives of all philosophy, and thus on philosophy itself. Science, like the saint in the legend ''(Christophorus)'', must seek the strongest lord...With every system, the question is not so much which institutions it declares to be just, what is just for it and where it gets its knowledge from." Beginning with the Greeks, through the Middle Ages and the theory of natural law, Stahl finally reaches the pragmatic (Machiavelli and Montesquieu) and speculative (
Hegel Georg Wilhelm Friedrich Hegel (; ; 27 August 1770 – 14 November 1831) was a German philosopher. He is one of the most important figures in German idealism and one of the founding figures of modern Western philosophy. His influence extends a ...
and Schelling) to the "writers of the counter-revolution" and to historical legal philosophy. The second volume of the "Philosophy of Law" was published in 1833, i.e. after the
July Revolution of 1830 The French Revolution of 1830, also known as the July Revolution (french: révolution de Juillet), Second French Revolution, or ("Three Glorious ays), was a second French Revolution after the first in 1789. It led to the overthrow of King ...
. The experience of the revolution was formative for Stahl.Friedrich Julius Stahl: ''Die Philosophie des Rechts nach geschichtlicher Ansicht.'' Band 2 und 3: ''Christliche Rechts- und Staatslehre.'' He absolutely rejected the revolution and was convinced that everything could be done to prevent it, to prevent it. The revolution for Stahl already begins with rationalism, with the fact that man is no longer satisfied with knowing God about himself, but wants to set standards himself, using his reason. And if you let rationalism run its course, Stahl believed, it would inevitably lead to permanent revolution, because since God is supposed to have been overthrown, you are not satisfied with a constitution, nor with the overthrow of the monarch and the establishment of a republic. Rather, property will finally be abolished and all the foundations of order in society will be eliminated, including the freedom of the individual and human dignity - there will be "hell on earth". Like the revolution in a negative sense, religion shaped Stahl in a positive sense. He grew up religiously in the house of the head of a Jewish community. But this religiosity was soon no longer enough for him. Thiersch's influence was decisive for him at high school. The Lutheran Protestant from the environment of the President of the
Bavarian Academy of Sciences The Bavarian Academy of Sciences and Humanities (german: Bayerische Akademie der Wissenschaften) is an independent public institution, located in Munich. It appoints scholars whose research has contributed considerably to the increase of knowledg ...
,
Friedrich Heinrich Jacobi Friedrich Heinrich Jacobi (; 25 January 1743 – 10 March 1819) was an influential German philosopher, literary figure, and socialite. He is notable for popularizing nihilism, a term coined by Obereit in 1787, and promoting it as the prime faul ...
, convinced him, and Stahl converted to Lutheranism. Later, as a professor in Würzburg, which was completely dominated by Catholicism, Stahl suffered from it and became insecure. It was only Krafft's theology in Erlangen that strengthened him again and formed him into an orthodox Lutheran. Was he a pietist? Stahl denied this, as he understood Pietism as apolitical, whereas he was political. In principle, Stahl professed to be a follower of the historical school of law, in that he did not accuse her and Savigny of errors, but only the lack of an ethical foundation through a legal philosophy that he himself tried to create. Namely by the fact that he saw what had grown historically as the result of God's rule and based it on God's will as the standard for the good. Law should have the divine commandments as a basis. On this basis, he explained that law should continue to be developed organically and historically in the spirit of God. State and church are institutions created by men, but they should serve a greater purpose. In the state, a ''moral kingdom'' was to be established, not identical with the eternal "kingdom of God", but in time, in history, the preliminary stage to it. In 1837 Stahl wrote: "Thus the state is the conductor of divine influences upon the outward condition of men. He should order it in God's stead, promote it, punish violations of the order, but in doing so also prove the morally reasonable will of the human community, i.e. their obedience to establishing and administering God's order." Based on his belief in the personal God as the supreme principle, Stahl also postulated a personality at the head of the state: the monarch. However, the monarch should not stand above the state, but serve it, complying with the constitution and laws and leading the state to fulfill the tasks set by God. Stahl based his worldview not on logical necessity (like Hegel), but on the free personality of the revealed God. State and monarch are committed to something higher and have to work in that spirit. The foundation of Stahl's philosophy, which was strongly influenced by Schelling but also by Hegel, is the belief in a personal God, in the ruler of history. Guided by him, the "personality" unfolds in the religious-moral area as an individual, as a believer in the church community and as a citizen in the civil order of the "moral world", overarched by the state, the moral kingdom. The latter for Stahl was normatively determined by Christianity. For Stahl, the state was not a contractual structure, but rather the authority appointed by God; like the individual, the state as a personality strives towards morality. It is clear that this "Christian state" cannot know the Hegelian separation of state and society. Rather, the state is an association of a people under a rule (authority). This kingdom lives from monarchical authority, but is not a theocratic dictatorship. The monarch is "bound" as it has been throughout Lutheran political doctrine since its inception. Stahl's ethicized legal concept brings authority and freedom, monarchical principle and ideal "people" into balance, at least verbally. It follows from sovereignty that the prince is wholly and indivisibly entitled to exercise state power. Since responsibility is part of power, the prince also has the sole legislative initiative, the right to use the revenue and the right to convene the parliament of the people. In the event of constitutional conflicts between the chamber and the government, he has the absolute veto of final decision. But it is his duty to subordinate his interests to the state and to respect the rights of his subjects. The duty of the subjects is obedience and love for the legitimate authorities, devotion and sacrifice for the state. Their right is, first, the right to freedom of religion, teaching, and property; for the state as a highly imperfect institution, as the realm of the Fall of Man, can only stand negatively, only protectively, over everything that arises from within the individual. These living conditions could only be fulfilled in a higher unity, in that of God's commandments, which worked directly in the souls of his creatures. However, the rights of the subjects were not exhausted with this negative status. Since they are free creatures, they must not only obey, but also agree. The ruler's will must become their own free will. Stahl therefore demanded a people's representative body that could approve laws and taxes or reject them, that would monitor proper financial management, the constitutional implementation of laws, and just administration of justice, and thus become the guardian and guarantor of human freedom. It must be a popular representation, so Stahl rejected feudal estates. But it should reflect the actual balance of power; hence Stahl was for universal but against equal suffrage and for a House of Lords. The representatives of the people have not just an advisory, but a decision-making voice and must be heard. Since it stands on a legal basis, it can resist, but only passively.


Reception


Contemporary

There was already criticism from Stahl's contemporaries: The historian and politician
Friedrich Christoph Dahlmann Friedrich Christoph Dahlmann (13 May 1785, Wismar5 December 1860, Bonn) was a German historian and politician. Biography He came of an old Hanseatic family of Wismar, then controlled by Sweden. His father, who was burgomaster of the town, int ...
criticized that Stahl only wanted to grant freedom in "homeopathic droplet particles."  The liberal politician and political scientist
Robert von Mohl Robert von Mohl (17 August 1799 – 4 November 1875) was a German jurist. Father of diplomat Ottmar von Mohl and salonnière Anna von Helmholtz. Brother of Hugo von Mohl, Moritz Mohl and Julius von Mohl. From 1824 to 1845 he was professor of pol ...
counted Stahl among the opponents of the rule of law and advocates of a theocracy.  Eduard Wippermann dedicated an appendix to Stahl in his work ''Die Altorientalischen Religionenstaaten,'' published in 1851'','' because he saw him as the representative of the doctrine of the "Christian state" who was the only one who "scientifically processed these doctrines in a comprehensive system", and stated that it was easiest to govern in the religious state. The constitutional lawyer Rudolf Gneist also said ironically that Stahl's personality and way of life was in "sharp contrast" to that of his "party comrades".


Imperial Era

The conservative historian
Heinrich von Treitschke Heinrich Gotthard Freiherr von Treitschke (; 15 September 1834 – 28 April 1896) was a German historian, political writer and National Liberal member of the Reichstag during the time of the German Empire. He was an extreme nationalist, who favo ...
certified Stahl that he had become "completely Christian and German", called him a pioneer of national unity and the "only great political mind among all thinkers of Jewish blood".Hanns-Jürgen Wiegand: ''Das Vermächtnis Friedrich Julius Stahls: e. Beitr. zur Geschichte konservativen Rechts- u. Ordnungsdenkens'', Königstein/Ts. 1980  In the Wilhelmine Empire, legal positivism had prevailed and Stahl was largely forgotten,  at best found historical interest, for example with Erich Kaufmann, while Laband paid no attention to Stahl in his C''onstitutional law of the German Reich'' in 1876.


Nazi Era

In National Socialist Germany, following Reich Minister of the Interior Hans Frank , e.g. Johannes Heckel ("The intrusion of the Jewish spirit into German constitutional and canon law by Friedrich Julius Stahl")  and Edgar Tatarin-Tarnheyden (because of the "atomization of state power") Stahl was considered the "alien." To
Carl Schmitt Carl Schmitt (; 11 July 1888 – 7 April 1985) was a German jurist, political theorist, and prominent member of the Nazi Party. Schmitt wrote extensively about the effective wielding of political power. A conservative theorist, he is noted as ...
, Stahl was "the boldest in" a "Jewish front", who paralyzed
Prussia Prussia, , Old Prussian: ''Prūsa'' or ''Prūsija'' was a German state on the southeast coast of the Baltic Sea. It formed the German Empire under Prussian rule when it united the German states in 1871. It was ''de facto'' dissolved by an em ...
and was responsible for the downfall of the
Hohenzollerns The House of Hohenzollern (, also , german: Haus Hohenzollern, , ro, Casa de Hohenzollern) is a German royal (and from 1871 to 1918, imperial) dynasty whose members were variously princes, electors, kings and emperors of Hohenzollern, Brandenb ...
. On the other hand, writers in exile spoke positively or differently about Stahl's teachings; the young
Peter F. Drucker Peter Ferdinand Drucker (; ; November 19, 1909 – November 11, 2005) was an Austrian-American management consultant, educator, and author, whose writings contributed to the philosophical and practical foundations of the modern business co ...
published a praising essay on Stahl in
Tübingen Tübingen (, , Swabian: ''Dibenga'') is a traditional university city in central Baden-Württemberg, Germany. It is situated south of the state capital, Stuttgart, and developed on both sides of the Neckar and Ammer rivers. about one in thr ...
in April 1933, shortly before he had to leave Germany.


Since 1945

After 1945, Stahl's doctrines, along with criticism, continued to appeal to Christian conservative politicians, historians such as
Hans-Joachim Schoeps Hans-Joachim Schoeps (30 January 1909 Berlin - 8 July 1980 Erlangen) was a German-Jewish historian of religion and religious philosophy. He was professor of religions and religious history at the University of Erlangen. Prior to World War II, Schoe ...
and Lutheran church representatives such as
Otto Dibelius Friedrich Karl Otto Dibelius (15 May 1880 – 31 January 1967) was a German bishop of the Evangelical Church in Berlin-Brandenburg, a self-described anti-Semite who up to 1934 a conservative who became a staunch opponent of Nazism and commu ...
into the 1960s. In 1949
Fritz Fischer Fritz Fischer (5 March 1908 – 1 December 1999) was a German historian best known for his analysis of the causes of World War I. In the early 1960s Fischer advanced the controversial thesis at the time that responsibility for the outbreak of the ...
particularly emphasized the danger of the pseudo-liberal concessions in Stahl's state theory; with the help of his constitutional compromise, the necessary parliamentary reform of the German system of government was prevented by the end of the First World War . His authoritarian views had decisively determined the thinking of the leading conservative Protestant leadership elites in Prussia-Germany in the state, in the church, in society and at the universities up to the First World War and beyond, thereby contributing to the downfall of the Weimar Republic with its consequences. "The story of the 'counter-revolution of science' was not with FJ Stahl, it was not finished in 1918." In 1963, Dieter Grosser recognized Stahl's theory of the state as a significant contribution to overcoming the state-theoretical and constitutional-political problems of his time and also recognized its legal-philosophical foundations as having lasting academic value. In particular, he worked out the religious-ethical, legal and political structure of the "moral realm of personal character", the central concept of Stahl's legal and political philosophy, and attributed the tensions in Stahl's system to the rooting of his thinking in the various "reactive" political ones, "Currents of the Restoration," Schelling's philosophy and Luther's theology. In contrast, in 1967 Robert Adolf Kann firmly stated that Stahl merely systematized the conservative ideas of his time and adapted them to their needs. His ideas, which had already been outdated during his lifetime, essentially did not go beyond the medieval doctrine of the two swords.   Martin Greiffenhagen characterized Stahl in 1977 as a representative of an authoritarian, authoritarian-institutional understanding of the state and church. His views - like the doctrines of his predecessors, party comrades and successors - are "refuted by their own history".  In summary, H.-J. Wiegand stated in 1980: "Stahl is not dead; he left a legacy that haunts his heirs to this day." Christian Wiegand examined Stahl's work very thoroughly and critically in 1980 and accused him of not having understood Immanuel Kant's critical epistemology and his transcendental philosophy,  but rather having fallen behind from a pre-critical point of view and therefore not having been able to understand the German understand idealism.Christian Wiegand: ''Über Friedrich Julius Stahl (1801–1862). Recht, Staat, Kirche'' (Rechts- und staatswissenschaftliche Veröffentlichungen der Görres-Gesellschaft. NF H. 35), ''Spekulative Philosophie. Schelling und Hegel.'' Paderborn 1981   Wiegand describes Stahl's work as one of the "most influential philosophical defense campaigns against the events of 1789" alongside
Burke Burke is an Anglo-Norman Irish surname, deriving from the ancient Anglo-Norman and Hiberno-Norman noble dynasty, the House of Burgh. In Ireland, the descendants of William de Burgh (–1206) had the surname ''de Burgh'' which was gaelicised ...
and Taine. He runs a general reckoning against the "system of the revolution".  According to Stahl's own understanding, he means "revolution is the specific political doctrine which, since 1789, has fulfilled the way of thinking of the peoples as a world-moving power and determined the institutions of public life".  And the "deduction from the will of man" is "always revolutionary". The goal of fighting "the revolution" determines everything Stahl does: his writing, his academic and his political activities. That is why he agitates, debates and polemicizes mercilessly and uncompromisingly. Wiegand repeatedly states that "the only written word that is important for him tahlis Rom. 13", with which he justifies the monarchical principle: "In particular, the government has respect and authority from God. It is by the grace of God." As recently as 2010,Sabine Leutheusser-Schnarrenberger, Bundesjustizministerin in einem Vortrag am 25. Oktober 2010 in der Berlin-Brandenburgischen Akademie der Wissenschaften Federal Minister of Justice
Sabine Leutheusser-Schnarrenberger Sabine Leutheusser-Schnarrenberger ( Leutheusser; born 26 July 1951) is a German politician of the liberal Free Democratic Party and a prominent advocate of human rights in Germany and Europe. Within the FDP, she is a leading figure of the soc ...
stated critically that, according to Stahl, ''all government and the power of kings (is) from God and all obedience to the law and to the supreme state power on this divine basis and authority'' ''should be based'', "that the sham constitutionalism and sham parliamentarism above all of the empire was almost the prerequisite for the formation and consolidation of a historically blind, rigid, authoritarian state system of government in Germany with unlimited powers" and this organic, conservative and romantic understanding of the state describes "a state with its own full powers, whose scope for action is at best moral, but by no means are subject to a specified legal limitation. In plain language: This state is allowed to do everything if it wants to." She also states "that the essential elements of Carl Schmitt's state theory are entirely consistent with the state theory of the 19th century related to the monarchy or - to put it another way - entirely in line with the organic."


Selected works

*''Die Philosophie des Rechts nach geschichtlicher Ansicht'' (3 volumes). Heidelberg, 1830, 1833, 1837 *''Die Kirchenverfassung nach Lehre und Recht der Protestanten''. Erlangen, 1840 *''Ueber die Kirchenzucht''. 1845 (2nd ed. 1858) *''Das monarchische Prinzip''. Heidelberg, 1845 *''Der christliche Staat''. Berlin, 1847 (2nd ed. 1858) *''Die Revolution und die konstitutionelle Monarchie''. Berlin, 1848 (2nd ed. 1849) *''Was ist Revolution?'' Berlin, 1849, 1852 *''Der Protestantismus als politisches Prinzip''. Berlin, 1853 (3rd ed. 1854) *''Die katholischen Widerlegungen''. Berlin, 1854 *''Wider Bunsen''. Berlin, 1856 *''Die lutherische Kirche und die Union''. Berlin, 1859 (2nd ed. 1860) *''Siebenzehn parlamentarische Reden und drei Vorträge'' (posthumous). Berlin, 1862 *''Die gegenwärtigen Parteien in Staat und Kirche: neunundzwanzig akademische Vorlesungen'' (posthumous). Berlin, 1868


References


Further reading

* Ruben Alvarado, ''Authority Not Majority: The Life and Times of Friedrich Julius Stahl'', WordBridge Publishing, 200

* Anton Jansson, "Building or destroying community: the concept of Sittlichkeit in the political thought of Vormärz Germany." ''Global Intellectual History'' 5.1 (2020): 86-103
online
Argues Stahl related this Hegelian idea to a hierarchical godly order. * Robert A. Kann, ''F.J.Stahl, A re-examination of his conservatism'', in: Publications of Leo Baeck Institute, Year-Book 12, London 1967 * Hans Peter Pyclik: ''Friedrich Julius Stahl. A Study of the Development of German Conservative Thought 1802–1861''. Minnesota 1972. *


External links


Stahl, Friedrich Julius
(
Jewish Encyclopedia ''The Jewish Encyclopedia: A Descriptive Record of the History, Religion, Literature, and Customs of the Jewish People from the Earliest Times to the Present Day'' is an English-language encyclopedia containing over 15,000 articles on th ...
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Stahl, Friedrich Julius
( Schaff-Herzog Encyclopedia of Religious Knowledge) *Stahl, Friedrich Juliu

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Peter F. Drucker Peter Ferdinand Drucker (; ; November 19, 1909 – November 11, 2005) was an Austrian-American management consultant, educator, and author, whose writings contributed to the philosophical and practical foundations of the modern business co ...
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The Stahl Project
( WordBridge Publishing)
Speech of Friedrich Julius Stahl against the Repeal of the Prussian Constitution (1853)
{{DEFAULTSORT:Stahl, Friedrich Julius 1802 births 1861 deaths Politicians from Munich Converts to Lutheranism from Judaism 19th-century German Jews 19th-century German lawyers German Lutherans Academic staff of the Humboldt University of Berlin German monarchists Members of the Prussian House of Lords People from the Kingdom of Bavaria Heidelberg University alumni University of Würzburg alumni Academic staff of the University of Würzburg Jurists from Bavaria 19th-century Lutherans